§ 2161 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 4020

1See References in Text note below.

Reactor Program of the Department of Energy, and

(B) use of the fuel or target will permit the

large majority of ongoing and planned

experiments and isotope production to be

conducted in the reactor without a large

percentage increase in the total cost of operating the reactor.

(Aug. 1, 1946, ch. 724, title I, §134, as added Pub.

L. 102–486, title IX, §903(a)(1), Oct. 24, 1992, 106

Stat. 2944; Pub. L. 109–58, title VI, §630, Aug. 8,

2005, 119 Stat. 785.)

AMENDMENTS

2005—Subsec. (a). Pub. L. 109–58, §630(1), inserted

heading and substituted ‘‘Except as provided in subsection (b) of this section, the Commission’’ for ‘‘The

Commission’’ in introductory provisions.

Subsecs. (b), (c). Pub. L. 109–58, §630(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

SUBCHAPTER XI—CONTROL OF

INFORMATION

§ 2161. Policy of Commission

It shall be the policy of the Commission to

control the dissemination and declassification of

Restricted Data in such a manner as to assure

the common defense and security. Consistent

with such policy, the Commission shall be guided by the following principles:

(a) Until effective and enforceable international safeguards against the use of atomic

energy for destructive purposes have been established by an international arrangement, there

shall be no exchange of Restricted Data with

other nations except as authorized by section

2164 of this title; and

(b) The dissemination of scientific and technical information relating to atomic energy

should be permitted and encouraged so as to

provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to

enlarge the fund of technical information.

(Aug. 1, 1946, ch. 724, title I, §141, as added Aug.

30, 1954, ch. 1073, §1, 68 Stat. 940; renumbered

title I, Pub. L. 102–486, title IX, §902(a)(8), Oct.

24, 1992, 106 Stat. 2944.)

PRIOR PROVISIONS

Provisions similar to this section were contained in

section 1810(a) of this title, prior to the general amendment and renumbering of act Aug. 1, 1946, by act Aug.

30, 1954.

§ 2162. Classification and declassification of Restricted Data

(a) Periodic determination

The Commission shall from time to time determine the data, within the definition of Restricted Data, which can be published without

undue risk to the common defense and security

and shall thereupon cause such data to be declassified and removed from the category of Restricted Data.

(b) Continuous review

The Commission shall maintain a continuous

review of Restricted Data and of any Classification Guides issued for the guidance of those in

the atomic energy program with respect to the

areas of Restricted Data which have been declassified in order to determine which information

may be declassified and removed from the category of Restricted Data without undue risk to

the common defense and security.

(c) Joint determination on atomic weapons; Presidential determination on disagreement

In the case of Restricted Data which the Commission and the Department of Defense jointly

determine to relate primarily to the military

utilization of atomic weapons, the determination that such data may be published without

constituting an unreasonable risk to the common defense and security shall be made by the

Commission and the Department of Defense

jointly, and if the Commission and the Department of Defense do not agree, the determination

shall be made by the President.

(d) Removal from Restricted Data category

The Commission shall remove from the Restricted Data category such data as the Commission and the Department of Defense jointly

determine relates primarily to the military utilization of atomic weapons and which the Commission and Department of Defense jointly determine can be adequately safeguarded as defense information: Provided, however, That no

such data so removed from the Restricted Data

category shall be transmitted or otherwise made

available to any nation or regional defense organization, while such data remains defense information, except pursuant to an agreement for cooperation entered into in accordance with subsection (b) or (d) of section 2164 of this title.

(e) Joint determination on atomic energy programs

The Commission shall remove from the Restricted Data category such information concerning the atomic energy programs of other nations as the Commission and the Director of

Central Intelligence jointly determine to be necessary to carry out the provisions of section

102(d) of the National Security Act of 1947, as

amended,1 and can be adequately safeguarded as

defense information.

(Aug. 1, 1946, ch. 724, title I, §142, as added Aug.

30, 1954, ch. 1073, §1, 68 Stat. 941; amended Pub.

L. 102–484, div. C, title XXXI, §3152, Oct. 23, 1992,

106 Stat. 2644; renumbered title I, Pub. L.

102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat.

2944; Pub. L. 103–337, div. A, title XXXI,

§3155(c)(2), (3), Oct. 5, 1994, 108 Stat. 3092.)

REFERENCES IN TEXT

Section 102(d) of the National Security Act of 1947, as

amended, referred to in subsec. (e), was a reference to

section 102(d) of act July 26, 1947, ch. 343, title I, 61

Stat. 497, as amended, which was classified to section

403(d) of Title 50, War and National Defense, prior to repeal by Pub. L. 104–293, title VIII, §805(a), Oct. 11, 1996,

110 Stat. 3477.

AMENDMENTS

1994—Subsec. (d). Pub. L. 103–337, §3155(c)(2), substituted ‘‘subsection (b) or (d) of section 2164 of this

title’’ for ‘‘section 2164(b) of this title’’.

Subsec. (f). Pub. L. 103–337, §3155(c)(3), struck out subsec. (f) which read as follows: ‘‘Notwithstanding any
Page 4021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2163

other law, the President may publicly release Restricted Data regarding the nuclear weapons stockpile

of the United States if the United States and member

states of the Commonwealth of Independent States

reach reciprocal agreement on the release of such

data.’’

1992—Subsec. (f). Pub. L. 102–484 added subsec. (f).

CHANGE OF NAME

Reference to the Director of Central Intelligence or

the Director of the Central Intelligence Agency in the

Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of

the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as

a note under section 401 of Title 50, War and National

Defense.

REVIEW OF CERTAIN DOCUMENTS BEFORE

DECLASSIFICATION AND RELEASE

Pub. L. 104–106, div. C, title XXXI, §3155, Feb. 10, 1996,

110 Stat. 625, which was formerly set out as a note

under this section, was renumbered section 4521 of Pub.

L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C,

title XXXI, §3141(h)(11), Nov. 24, 2003, 117 Stat. 1774, and

is classified to section 2671 of Title 50, War and National Defense.

EX. ORD. NO. 10899. COMMUNICATION OF RESTRICTED DATA

BY CENTRAL INTELLIGENCE AGENCY

Ex. Ord. No. 10899, eff. Dec. 9, 1960, 25 F.R. 12729, provided:

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred

to as the Act; 42 U.S.C. 2011 et seq.), and as President of

the United States, it is ordered as follows:

The Central Intelligence Agency is hereby authorized

to communicate for intelligence purposes, in accordance with the terms and conditions of any agreement

for cooperation arranged pursuant to subsections 144a,

b, or c of the act (42 U.S.C. 2162 (a), (b), or (c)), such restricted data and data removed from the restricted

data category under subsection 142d of the Act (42

U.S.C. 2162(d)) as is determined

(i) by the President, pursuant to the provisions of the

Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions

of Executive Order No. 10841 [set out as a note under

section 2153 of this title], to be transmissible under the

agreement for cooperation involved. Such communications shall be effected through mechanisms established

by the Central Intelligence Agency in accordance with

the terms and conditions of the agreement for cooperation involved: Provided, that no such communication

shall be made by the Central Intelligence Agency until

the proposed communication has been authorized either in accordance with procedures adopted by the

Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commission

and the Department of Defense and applicable to conduct of programs for cooperation by the Central Intelligence Agency.

DWIGHT D. EISENHOWER.

MODIFICATION OF EXECUTIVE ORDER NO. 10899

Ex. Ord. No. 10899, Dec. 9, 1960, 25 F.R. 12729, set out

above, when referring to functions of the Atomic Energy Commission is modified to provide that all such

functions shall be exercised by the Secretary of Energy

and the Nuclear Regulatory Commission, see section

4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set

out as a note under section 7151 of this title.

EX. ORD. NO. 11057. COMMUNICATION OF RESTRICTED DATA

BY DEPARTMENT OF STATE

Ex. Ord. No. 11057, eff. Oct. 18, 1962, 27 F.R. 10289, provided:

By virtue of the authority vested in me by the Atomic Energy Act of 1954, as amended (hereinafter referred

to as the Act; 42 U.S.C. 2011 et seq.), and as President

of the United States, it is ordered as follows:

The Department of State is hereby authorized to

communicate, in accordance with the terms and conditions of any agreement for cooperation arranged pursuant to subsection 144b of the act (42 U.S.C. 2164(b)), such

restricted data and data removed from the restricted

data category under subsection 142d of the act (42

U.S.C. 2162(d)) as is determined

(i) by the President, pursuant to the provisions of the

Act, or

(ii) by the Atomic Energy Commission and the Department of Defense, jointly pursuant to the provisions

of Executive Order No. 10841, as amended [set out as a

note under section 2153 of this title], to be transmissible under the agreement for cooperation involved.

Such communications shall be effected through mechanisms established by the Department of State in accordance with the terms and conditions of the agreement for cooperation involved: Provided, that no such

communication shall be made by the Department of

State until the proposed communication has been authorized either in accordance with procedures adopted

by the Atomic Energy Commission and the Department

of Defense and applicable to conduct of programs for

cooperation by those agencies, or in accordance with

procedures approved by the Atomic Energy Commission and the Department of Defense and applicable to

conduct of programs for cooperation by the Department of State.

JOHN F. KENNEDY.

MODIFICATION OF EXECUTIVE ORDER NO. 11057

Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out

above, when referring to functions of the Atomic Energy Commission is modified to provide that all such

functions shall be exercised by the Secretary of Energy

and the Nuclear Regulatory Commission, see section

4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set

out as a note under section 7151 of this title.

§ 2163. Access to Restricted Data

The Commission may authorize any of its employees, or employees of any contractor, prospective contractor, licensee or prospective licensee of the Commission or any other person

authorized access to Restricted Data by the

Commission under section 2165(b) and (c) of this

title to permit any employee of an agency of the

Department of Defense or of its contractors, or

any member of the Armed Forces to have access

to Restricted Data required in the performance

of his duties and so certified by the head of the

appropriate agency of the Department of Defense or his designee: Provided, however, That

the head of the appropriate agency of the Department of Defense or his designee has determined, in accordance with the established personnel security procedures and standards of such

agency, that permitting the member or employee to have access to such Restricted Data

will not endanger the common defense and security: And provided further, That the Secretary of

Defense finds that the established personnel and

other security procedures and standards of such

agency are adequate and in reasonable conformity to the standards established by the Commission under section 2165 of this title.

(Aug. 1, 1946, ch. 724, title I, §143, as added Aug.

30, 1954, ch. 1073, §1, 68 Stat. 941; amended Aug.